Ojwang' murder case tests IPOA's integrity

IPOA CEO and Director Elema Halake, during an interview at their Headquarters office in Nairobi on December 1, 2022. [File, Standard]

Serious questions are being raised about the role of the Independent Policing Oversight Authority (IPOA) in investigating the alleged custodial killing of Albert Ojwang’, a 31-year-old teacher and blogger, who died while in police custody.

The authority has so far overseen the arrest of three individuals: Officer Commanding Central Police Station Samson Talam, Police Constable Juma Mukhwana, and Kelvin Mutisya, a CCTV technician.

However, these arrests have only fuelled public calls for accountability at higher levels, with many questioning when IPOA will move against senior figures believed to be implicated.

IPOA CEO Elema Halake confirmed at a press conference on Friday, June 13, that Ojwang’ died in custody at Central Police Station. This statement aligns with an earlier one issued by Mbagathi Hospital, which stated that Ojwang’ was already dead when brought in. “The Medical Officer on call assessed the male and confirmed it to be a corpse brought in dead,” the hospital stated.

Inspector General of Police Douglas Kanja, speaking after Ojwang’s death, interdicted six officers based at Central Police Station, including Talam. Others were duty officer Samuel Ng’ang’a, Corporal Charles Muruki, and Constables Peter Kimani, Debian Lusweti, and Evaline Kanyiri.

Kanja made the announcement flanked by his deputies, Eliud Lagat and Gilbert Masengeli, the DCI boss, Mohamed Amin, and IPOA Chairperson Issack Hassan.

Hassan’s presence alongside Deputy IG Lagat has sparked concerns over IPOA’s impartiality. Lagat is the same officer whose complaint to the DCI triggered the sequence of events leading to Ojwang’s arrest.

Critics argue that Hassan’s collaboration with Lagat raises potential conflicts of interest.

Lagat has since gone silent, even as pressure mounts for his resignation. His complaint to the Serious Crime Unit concerned alleged defamation on X (formerly Twitter), including falsified newspaper front pages targeting his name.

Director of Public Prosecutions Renson Ingonga has instructed IPOA to complete investigations and submit a file within seven days, a deadline that expires on Tuesday. So far, no further arrests have been made beyond the initial three.

Halake said IPOA had recorded statements from over 23 people, including family members, police officers from Mawego and Central stations, and DCI officers involved in the arrest.

IPOA also confirmed that the Central Station’s CCTV system was tampered with. Technician Mutisya admitted to being paid Sh3,000 to alter the footage.

Halake stated that IPOA would eventually summon Lagat, explaining that the investigation was being conducted in a logical sequence. 

“The reason we haven’t started with the complainant is that certain facts are already clear. We’re not saying we won’t investigate the complainant; rather, we’re following a specific sequence in how we conduct the investigation,” said Halake.

Meanwhile, users on X continued to question why Lagat remains in office, warning that he could interfere with the investigation.